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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My sons partner has overstayed her student visa, by 3 years.

Resolved Question:

My son's partner has overstayed her student visa, by 3 years. She was arrested by immigration on Thursday, and is now in Yarl's Wood Detention Centre.
My son was supposed to be taking her to an urgent hospital appointment in Brighton tomorrow. She has symptoms of cervical cancer, and first tests have shown abnormal cells. She was told she needed a hospital appointment within 14 days (NHS 2 week rule?) If she is returned to Thailand, she would have no way of paying for treatment. Would this be against her human rights?
We understand that she may be "removed" from UK in 5 days (from date she was detained)
Can she/we appeal, to at least delay her removal? We are obviously running out of time, if she is to be removed on Tuesday.
If we can't stop the removal, would it make a difference to her application to return to the UK, if she was able to pay for a ticket back to Thailand?
Although they are not engaged officially, they have been together for a year (unfortunately not living together, as he needs to keep his job 50 miles from where she has been living) and fully intend to marry. If she is returned to Thailand, and he goes there to marry her, will they be able to come back to the uk together?
Is she/we able to get Legal Aid?
She doesn't have access to her passport, which I understand is why she has 5 days before removal.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
I am sorry to heard about your situation.
Could you please state what nationality your son is?
Kind regards
Customer: replied 2 years ago.
My son is British
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
When someone who has breached the immigration rules is arrested then they are served with removal directions, they are able to appeal their removal from the UK, but this must be done as soon as possible.
What the applicant needs to do is submit a letter of reconsideration to the home office asking them to reconsider the matter regarding their removal as a matter of urgency (like a letter before action), if the home office then fail to reconsider the matter or maintain their stance of removing the person detained then you would need to apply for judicial review ( this is when you ask the high court to review the decision made by the home office).
Once you have submitted this then you can also ask the high court to grant an injunction regarding her removal until a decision on the Judicial review is made, this would allow her to remain in the UK, then if you wish you can apply for her to be bailed until a decision is made.
You should contact your nearest immigration solicitor asking him/her to do this as a matter of urgency, please be aware that this can cost anything up to £3000 - £5000 due to the amount of work needed to be done is a short space of time.
In any event you should advice her to use her right of appeal, she should also talk to the immigration officer at the detention center regarding her intention to appeal her removal.
This is a complex matter and you will need to consult a solicitor to undertake this for you on your behalf.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.
Thankyou. We/she have limited funds, so I don't think we can appeal. As in my original question-will it make any difference to future visa applications, (ie. reduce the period of time she will be banned from applying to return the UK) if she is able to pay for her flight back to Thailand?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes, if she voluntarily leaves the UK at her own expense then it would reduce the amount of time she will be banned in from entering the UK. She should ask the home office to write her a letter that she did not leave at the public's expense but her own expense, she can then use this letter for future applications to the home office, instead of just stating that she left at her own expense with being able to provide any evidence of this.
I hope this answers your question, if so kindly rate my answer so I can get credited for my time.
Kind regards
Customer: replied 2 years ago.
Last question in my original queries-if they marry in Thailand, will this help for future application to return to UK?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If she leave voluntarily, then yes if she was to marry her fiancee in Thailand then it would assist her with entering the UK earlier. She would be able to argue that she has strong Human Rights due to the fact that her husband is in the UK and not being with him is breaching those rights.
So yes marrying would definite assist her future application to the UK.
I hope this clarifies the matter.
Kind regards
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